P.Kalyanram, v. the District Collector

Madras HC22 Jan 2025WMP/1540/2025

Case brief

AI extract

What is this about?

Single-issue interlocutory order allowing a writ miscellaneous petition seeking dispensation of production of the original/certified copy of an impugned notice dated 10.07.2023 issued under Section 6 of the Chennai III Act 1905 by the 5th respondent; original notice lay with the 2nd respondent annexed to the writ petitioner's reply dated 14.07.2023; support affidavit narrative; counsel J. Ashok; bench M. Sundar and K. Rajasekar; Madras High Court; 22.01.2025; parent matter W.P.No.1293 of 2025.

What did the court decide?

Dispensation of production of the original / certified copy of the impugned notice dated 10.07.2023; captioned W.M.P.No.1540 of 2025 ordered as prayed for. ¶¶21

P.Kalyanram, Vs the District Collector — Madras HC (2025) — LawSathi Research

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W.M.P.No.1540 of 2025

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W.M.P.No.1540 of 2025

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W.P.No.1293 of 2025

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M.SUNDAR, J., and

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K.RAJASEKAR, J.,

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[Order of the Court was made by M.SUNDAR. J.,]

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This order will now dispose of the captioned 'Writ Miscellaneous

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Petition' [hereinafter 'WMP' for the sake of brevity].

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Captioned WMP has been filed with a prayer to dispense with

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production of 'original / certified copy of the impugned notice issued by the 5th respondent dated 10.07.2023 under Section 6 of the Chennai III Act 1905' [hereinafter 'impugned notice' for the sake of brevity, convenience and clarity].

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Mr.J.Ashok, learned counsel on record for writ petitioner is

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before this Court.

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Page Nos.1/3 https://www.mhc.tn.gov.in/judis

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W.M.P.No.1540 of 2025

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Learned counsel for writ petitioner adverting to support affidavit

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submitted that the original impugned notice was submitted before the second respondent along with the reply dated 14.07.2023 and hence, the writ petitioner is not able to file the original impugned notice. Learned counsel drew the attention of this Court to relevant paragraph of the support affidavit, which reads as follows:

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'............... It is submitted that the original impugned order

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dated 10.07.2023 was submitted at the office of the 2nd respondent as an annexure to the reply dated 14.07.2023 given by me and so the original impugned notice dated 10.07.2023 is not available with me. I am taking prudent steps to get it back from the 2nd respondent office, which I am yet to as on this date. Hence, the production of the original impugned notice dated 10.07.2023 is required to be dispensed with in the interest of justice.'

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5. In the light of the narrative thus far, dispense with prayer is

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acceded to. Captioned WMP is ordered as prayed for.

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[M.S., J] [K.R.S., J]

22.01.2025

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